DATE OF FILING : 25-07-2013. DATE OF S/R : 22-08-2013. DATE OF FINAL ORDER : 13-05-2014. Sri Uma Shankar Mali, son of Sri Bachha Ram Mali, residing at 13, Narasingha Bose Road, P.O., P.S. & District – Howrah, PIN – 711101, having its business at 107, G.T. Road ( South ), P.S. & District – Howrah.---------------------------------------------------- COMPLAINANT. - Versus - 1. The District Engineer, CESC Ltd., having its regional office at 433/1, G.T. Road ( North ), District – Howrah, PIN – 711101 and also at 107, G.T. Road ( South ), P.S. & District – Howrah, PIN – 711101. 2. Sandip Kumar Jalan, residing at 7, Baikuntha Chatterjee Lane, District – Howrah, PIN – 711101. 3. Purbarag Ghosh, 4. Ajoy Kumar Biswas, 5. Motilal Shaw, o.p. nos. 3 to 5 are running business at 107, G.T . Road ( South ), P.S. & District – Howrah, PIN – 711101. . -------------------------------------------------OPPOSITE PARTIES. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) against o.p. no. 1 CESC Authority alleging deficiency in service U/S 2)1)(g), 2(1)o) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 1 CESC Authority for shifting the existing meter from the purchased property to the existing separate meter room and to refrain the o.p. nos. 2 to 5 from resisting the shifting of the existing meter in spite of the facts that the complainant deposited earnest money vide receipt no. 91115155551 dated 24-04-2013 with compensation, litigation costs together with other relief/s as he entitled to. 2. The o.p. no. 1 CESC Authority submitted the written version contended interalia that the authority concerned is ready to shift the existing meter but could not accelerated in spite of the facts they have conducted the site inspection and requested the complainant to turn up with some documents for authenticity the shifting of the existing meter board position but the complainant failed for the same. Under such circumstances the deficiency as alleged by the complainant against the o.p. no. 1 does not hold good for which it is prayed for dismissal of the complaint accordingly 3. The notices were served upon the o.p. nos. 3 to 5 but they submitted any written version nor did they taken any step to justify their objection for which ex parte order has been passed against these o.ps. 4. The o.p. no. 2 in his written version stated that the complainant illegally occupying the excess portion and in the excess portion of the said shop room the other meters are lying. Moreover, the complainant deliberately makes hindrance to o.p. no. 1 CESC Authority in the matter of free access in the meter room of other occupant parties for which a civil suit is pending before the ld. 3rd Court of Civil Judge ( Jr. Division ) at Howrah being T .S. 88 of 2013. Furthermore the complainant claimed this shifting is nothing but for his personal illegal gain towards occupying the entire shop room under such circumstances the question of shifting the existing meter to the new meter room position is not tenable to the appropriate court of law and this complaint is liable to be dismissed. 5. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the. o.p. no. 1 CESC Authority? ii) Whether the complainant is entitled to get any relief and compensation as prayed for? DECISION WITH REASONS : 6. Both the points are taken up together for consideration. Perused the evidence, documents adduced by both the parties. Considered. 7. No doubt it is an fact that the present complainant is a bonafide consumer having consumer no. 60029256000 residing at 107, , G.T. Road ( South ), P.S. & District – Howrah, PIN – 711101, paid electric bill regularly without default is meaning to shift the existing meter to nearby meter room adjoining to his shop room after depositing security deposit money against application before the o.p. no. 1, CESC Authority. 8. The point of dispute is that the said shifting of meter could not be effected by the o.p. no. 1 due to objection raised by the o.p. nos. 2 to 5 herein other tenants. The o.p. no. 1, CESC Authority is willing to shift the existing meter to the meter room position if free access is made available. 9. Moreover, the objectin raised by the objector namely o.p. no. 2 including o.p. no. 3 to 5 cannot stand for effecting the proposed shifting of meter in accordance provision of Electricity Act, 2003, an an occupier of the property of a part thereof. The petitioner has statutory right to call upon the distribution company to give him electricity, and once the requisite application was filed with deposition of security money the distribution company has a statutory obligation to give him electricity and/or to allow the shifting simply because the petitioner is a party in the suit before the civil court. The tenants and/or private party are not entitled to say that they cannot allow the shifting for getting the benefit of electricity ( referring the case study (210 (3) WBLR, 539 before the Hon’ble High Court. 10. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law his demand requires to be fulfilled. Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 246 of 2013 ( HDF 246 of 2013 ) be allowed on contest without costs against o.p. no. 1, CESC Authority and dismissed without cost against the o.p. no. 2 and ex part without cost against o.p. no. 3 to 5. The o.p. no. 1, CESC Authority be directed to shift the existing meter to proposed meter room after proper inspection along with realization of entire costs of the proposed shifting of the complainant within 45 days in anticipation that the free access of the o.p. no. 1, CESC Authority of the present room is assured by the complainant in black and white. The O.P. nos. 2 to 5 are hereby restrained from causing any disturbance at the time of shifting the existing meter of the complainant to the proposed meter room position. In case of any illegal objection by any person includ9ng o.p. no. 2 to 5 the complainant and the o.p. no. 1, CESC Authority shall approach the local police station for help. The I/C, Howrah P.S. shall be under obligation to provide necessary assistance and protection to the men and officers of the CESC Authority for undertaking the works for shifting the meter position of the complainant in case of approach made by the CESC Authority. No costs as to compensation and litigation are awarded. Complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. | 
